BHARAT ARORA Vs. STATE

JUDGEMENT

(1.) By this petition under Section 492, Cr.P.C., the petitioners seek quashing of the criminal proceedings emanating from the Complaint Case No. 23/97 filed under Sections 7/16 of the Prevention of Food Adulteration Act and pending on the file of the Metropolitan Magistrate, Delhi.

(2.) The gravamen of the charge against the petitioner was that the batch number was not mentioned on the labels of the tins used for storing the food articles, viz., mixed pickles, which was contrary to the provisions of Rule 32(e). Learned counsel for the petitioner contended that no prosecution could be launched against the petitioner for the alleged violation of the Rule 32(e) of the Rules framed under the Prevention of Food Adulteration Act inasmuch as the said rule has been declared by the Supreme Court as ultra vires in the case of Dwarka Nath v. MCD, 1971(2) SCC 314. In my opinion, the aforesaid statement of the learned counsel merits acceptance. In this connection, I may usefully excerpt the following observations of the Supreme Court in the case of Dwarka Nath (supra):

(3.) In my opinion, the case in hand is squarely covered by the decision of the Supreme Court in Dwarka Nath and thus the petitioners' prosecution is liable to be quashed.